State labor legislation
enacted in 1984
Significant new labor standards legislation
was enacted in a wide variety of subject areas
including minimum wage, child labor, employee right
to information on toxic substances,
mandatory retirement, and pay equity
RICHARD R. NELSON
As is often the case in even numbered years, when some
legislatures do not meet in regular session and others meet
in only special or abbreviated sessions, 1984 was not a heavy
year in terms of the number of new State labor laws .' Despite
this smaller volume, legislation was enacted in a wide variety of subject areas and included several significant new
laws .' Considerable interest was shown concerning the rights
of employees to receive information and training on toxic
substances found in the workplace, on garnishment and
assignment of wages for dependent support payments, on
resident employee and contractor preference on public construction, and on pay equity for jobs of comparable worth .
Major laws were also enacted in the fields of child labor,
mandatory retirement and age discrimination, whistleblower
protection, private employment agencies, and minimum wage .
Minimum wage rates were increased in seven jurisdictions in 1984, with increases in Arkansas, Colorado, and
Illinois and for some workers in the District of Columbia
resulting from automatic increases provided for by previous
enactments . Revised mandatory decrees in Puerto Rico raised
minimum rates to varying levels for workers in several industries, and a wage order revision in the District of Columbia raised the minimum wage rate for private household
Richard R. Nelson is a State standards adviser in the Division of State
Employment Standards Programs, Office of State Liaison and Legislative
Analysis, Employment Standards Administration, U .S . Department of Labor.
workers from $3 .50 to $3 .90 per hour . New legislation
increased minimum hourly rates to $3 .25 in Georgia and
provided for three annual 10-cent increases in Maine, the
first increase to $3 .45 effective January 1, 1985 . The $3 .35
per hour Federal standard is now exceeded in Alaska, the
District of Columbia, Connecticut, and Maine, and 19 other
jurisdictions match or will soon match the Federal rate for
some or all occupations .
In other minimum wage actions, Minnesota provided for
a phased elimination of its tip credit allowance, and in
Illinois, the allowance declined to 40 percent of the minimum wage . New exemptions for limited groups of employees from minimum wage or overtime requirements were
enacted in Connecticut, Minnesota, and Wisconsin.
The labor departments in Arizona, Delaware, and Maine
were given increased authority to collect unpaid wages on
behalf of employees, and the Commissioner of Labor in
Iowa is to investigate and prosecute complaints of retaliation
against employees who file complaints, assign claims, or
bring other actions under the wage payment and collection
law. The Kentucky wage payment law was amended to
prohibit wage deductions for cash shortages, breakages,
customer credit defaults or bad checks, and fines, while
courts in Alabama may now order restitution to victims in
criminal cases by directing employer withholding of an exoffender's wages.
Again in 1984, as in the last several years, a large number
of bills were introduced to repeal or modify State prevailing
27
MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984
wage laws . Among the measures that failed to be adopted
was a bill in Idaho to exclude school construction from
coverage, which was vetoed by the Governor . Among those
laws enacted, Colorado defined the procedure for determining the prevailing rate of wages and increased the dollar
contract threshold amount from $5,000 to $150,000, and
Oklahoma made several changes including establishment of
a $10,000 threshold amount for coverage and a 2-year debarment for violations, provision for contractor submission
of certified payrolls, and for worker verification of payroll
records. Arizona voters approved a proposition forbidding
State agencies and political subdivisions from requiring that
wages paid to workers on public construction projects be at
least as high as the prevailing wages in the area for similar
work . In Illinois, the State Supreme Court upheld the constitutionality of that State's law, including its exclusive use
of rates paid on public construction projects in determining
prevailing rates.
Laws pertaining to the use of wage garnishment or assignment to require support of an employee's dependents
were enacted in 15 States . Many of these laws set or revised
limits on the amount of earnings subject to garnishment or
assignment . Protection from discharge because of such an
action was included in the Alabama, Colorado, Florida,
Illinois, and Vermont measures . The Rhode Island law was
amended to provide for reciprocity with States having similar laws, and wages of North Carolina State employees may
now be assigned to meet child support obligations without
the normal restrictions on claims against the State.
The concept of equal pay for jobs of comparable value
in State government continued to be an area of controversy
and interest . In Iowa, a pay grade system for State employees based on comparable worth was established, and
funds were appropriated for salary adjustments and implementation . In Minnesota, where the pay equity principle
was previously incorporated into the State pay system, a
new law requires every political subdivision to establish
equitable compensation relationships among its employees
by August 1, 1987 . Legislatures in nine other States commissioned studies of pay equity in the public service, with
most requiring reports on recommendations and legislative
proposals .
Child labor law revisions were enacted in 10 States . Among
the more significant measures were a law in Kentucky,
where changes included elimination of employment certificate requirements for minors under age 18, a law in Pennsylvania permitting the use of transferable work permits by
minors age 16 and older, and a New York law making
employers who violate the child labor law subject to a civil
penalty in addition to any other penalties imposed. Other
laws extended permissible nightwork hours for certain minors in Connecticut and New Jersey and revised restrictions
on sales of alcoholic beverages by minors in Ohio and South
Carolina . Iowa enacted a law regulating the employment of
children under age 16 as models .
28
Compulsory retirement based solely on age was addressed
by legislation in a number of States . Hawaii and New York
banned mandatory retirement on the basis of age in both
the public and private sectors, and Georgia and North Carolina eliminated mandatory retirement under public employees' retirement systems. Age discrimination in
employment for those 40 to 70 is now prohibited in Wyoming, and the upper age limit on such protection was lifted
in Massachusetts and Wisconsin . Other provisions applicable to police and fire personnel only were enacted in
Pennsylvania and Rhode Island .
Employment discrimination in other forms was addressed
by legislation in 22 jurisdictions . Among the more significant laws were four that added new protections for workers.
Delaware added discrimination on the basis of marital status
to the list of unlawful employment practices in both the
public and private sectors. Employment discrimination against
the handicapped was prohibited in Florida and Massachusetts, as was such discrimination because of blindness in
South Dakota . Rights of pregnant employees was the subject
of legislation in New York, South Carolina, and the Virgin
Islands. The Mississippi legislature, in a new law, expressed
its intent that State employees not be discriminated against
on the basis of race, color, religion, sex, national origin,
age, or handicap . In California, employers of 25 persons
or more are to provide reasonable accommodation to those
workers enrolled in alcoholic rehabilitation programs, including time off for participation, if no undue hardships
result .
In an area of increasing legislative concern which has
developed over the last few years, seven additional States
enacted laws affording workers the right to be informed of
and given training on toxic substances found in the workplace . Some of these laws extended the right to information
to the communities in which companies using toxic substances are located . Federal regulations on "Chemical Hazard Communication" were published November 25, 1983 .
These regulations, which are referenced in the new Delaware and Iowa laws, cover chemical manufacturers and
importers and raise the issue of possible Federal preemption .
Other worker safety measures included a comprehensive
new Occupational Safety and Health Act in New Jersey
applicable to public employees, a law in Maryland authorizing the Commissioner of Labor and Industry to bring suit
to enforce payment of overdue civil penalties imposed by
the State Occupational Safety and Health Administration,
and an amendment to the Oklahoma Occupational Safety
and Health law limiting its coverage to public sector employment . Several other jurisdictions enacted laws regulating various aspects of mine and elevator safety .
Four additional States (Illinois, Kentucky, Nebraska, and
Virginia) enacted legislation to implement participation under the Federal Job Training Partnership Act, which became
effective on October 1, 1983 . Several States enacted similar
laws in 1983 . Also, continuing a recent trend, Florida and
Tennessee passed legislation to provide employment opportunities for persons in economically depressed areas,
designated as enterprise zones, within which financial incentives such as tax credits and loan guarantees will be used
to attract new businesses and to encourage expansion of
existing ones .
Assistance to workers and communities facing mass layoffs or plant closings remained an area of concern. Among
actions taken, New Jersey and Pennsylvania initiated programs to assist eligible employee groups to purchase plants
about to be closed or which have already closed and to
operate them as employee-owned enterprises . Procedures
were established in Massachusetts to aid failing businesses,
and in case of failure, to assist displaced workers in finding
alternative employment or retraining opportunities . Maryland provided for at least 6 months advance notice to State
employees adversely affected by the closing of a facility
employing 50 workers or more . Wisconsin expanded advance notice requirements to include affected employees,
their collective bargaining representatives, and the community where the business is located. Related legislation in
California, Iowa, and Kentucky provides for continuation
of various health care benefits at employee expense for those
who would otherwise be ineligible due to causes such as
layoff or reduction in working hours.
Alabama
Wages . All court orders for child support
shall include an order for continuing income witholding by employers, with the
withholding order to be served on the employer and to take effect if the child support
is delinquent in an amount equal to I month's
payment . Employers may not discharge or
refuse to hire a person because of an order
to withhold earnings .
Courts may order restitution in criminal
cases by employer withholding of employee wages . The affected employee may
not be discharged solely because of such
an order .
Child labor . A joint resolution called for
the creation of a Joint Interim Legislative
Children and Youth Study Committee to
examine areas of law affecting children, including child labor laws, day care, abuse,
safety, and health .
Other laws . Resident contractors will be
given preference in bidding on public works
projects, and nonresident contractors who
receive a preference from their State may
be awarded public contracts only on the
same basis that their State awards contracts
to Alabama bidders under the same circumstances .
Alaska
Wages . The amount of wages exempt from
assignment for child support was changed
Four States (California, Kansas, New York, and Rhode
Island) enacted "whistleblower" laws protecting employees
from retaliation for reporting, to a public body, violations
of law, or for participating in an investigation, hearing, or
court action .
Many other developments took place in 1984, affecting
a wide range of labor standards subjects . Among these, the
Michigan Strikebreaker Law was held unconstitutional by
a State circuit court because of preemption by the National
Labor Relations Act; a comprehensive new private employment agency law was enacted in the District of Columbia, and a revised law adopted in Tennessee; Maine and
Rhode Island prohibited employers from charging applicants
a fee for filing employment applications ; and several revisions were made in the California garment industry law.
Also, several laws were passed enacting, revising, or clarifying provisions granting preference to State contractors or
residents on public works projects, while, on the other hand,
a Federal appeals court decision found the Illinois Preference
Act unconstitutional, and the Oklahoma resident bidder
preference law was repealed . The Labor Department in Kentucky was elevated to cabinet level status headed by a Secretary of Labor.
The following is a summary, by jurisdiction, of labor
legislation during 1984 .
from the lesser of 50 percent of gross earnings or $100 a week to 50 percent of the
obligor's net disposable earnings, as federally defined .
Arizona
Wages . Voters in the November election
approved a proposition, submitted by the
legislature, forbidding State agencies and
political subdivisions from requiring that
wages paid to workers on public construction projects be at least as high as the prevailing wages in the area for the same type
of work . A similar bill passed both houses
of the legislature but was vetoed .
The State Department of Labor now has
the authority to obtain judgments and executions on behalf of those employees due
unpaid wages established by the department's final determination . Also, the limit
for filing a wage claim for unpaid wages
was increased from $1,000 to $2,500, and
an employer failing to comply with a departmental or court order to pay back wages
will now be liable for treble that amount
plus interest rather than a penalty of 15
percent of the amount of the unpaid wages
as was previously authorized .
Mandatory assignment of wages must be
ordered by the court when ordering child
support or spousal maintenance if the person required to make such payments was
at least 1 month in arrears for payment in
the prior 12 months .
School attendance . The compulsory school
attendance law was amended to except children who have completed the tenth grade
(grade 8 in fiscal year 1984-85, grade 9 in
fiscal year 1985-86) rather than the previous exception for completion of common
school courses, and to add an exception for
children suspended or expelled from school .
Occupational safety and health . The requirement that employers protect employees against work environment hazards was
amended to specify that a common industry
condition or practice will not be considered
a recognized hazard unless a standard or
regulation concerning it has been adopted .
Arkansas
Wages . As provided in a prior law, the
minimum wage rate was increased from
$2 .95 to $3 .05 an hour effective January I ,
1984, with a further increase to $3 .15
scheduled for January l, 1985 .
California
Wages . Effective January 1, 1986, private sector employers are to show total hours
worked on individual itemized earnings
statements of hourly employees, in addition
to other items previously required .
Hours . The provisions establishing maximum daily and weekly hours of work for
female employees only were repealed . The
29
MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984
limitations had previously been invalidated
by the courts .
Among amendments to the Vehicle Code,
persons under the age of 21 may not be
employed or permitted to drive trucks or
buses that are engaged in interstate commerce or are transporting hazardous substances . Limitations on driving hours were
enacted, including a requirement that drivers must have at least 8 consecutive hours
off duty between shifts .
Equal employment opportunity . If the Fair
Employment and Housing Commission or
the State Personnel Board finds that a person is guilty of unlawful discrimination
consisting of acts relating to certain sex
crimes, the Commission or Board shall provide, with the complainant's consent, a copy
of its decision and order to the local district
attorney .
Private employers of 25 employees or
more must now provide reasonable accommodation to those workers enrolled in alcoholic rehabilitation programs, including
time off for participation, if no undue hardship results .
A resolution urged the State Departments
of Education, Rehabilitation and Employment Development to continue to support
Project Workability under which employment opportunities for handicapped students were improved through interagency
agreements and innovative employment
training practices .
The law prohibiting employment discrimination was amended to specify that an
individual with a heart condition who applies for a firefighter position, admittance
to a firefighter apprenticeship training program, or an active law enforcement position
will be presumed unable to perform their
duties without endangering his or her health
or safety as well as the safety of others .
This presumption may be overcome by
proving, by a preponderence of the evidence, that the applicant would be able to
perform safely .
A joint resolution requests that the President, the Congress, the Department of Education and Commerce, and the
Commissioner of Rehabilitation Services
define "entry level employment" as it pertains to persons with disabilities seeking
assistance for education, rehabilitation, and
vocational training from State and Federal
sources, and to issue regulations to ensure
the uniform application of this definition
throughout the country .
Worker privacy . Employers are prohibited from requiring, as a condition of employment, that any employee refrain from
disclosing the amount of his or her wages
or sign a waiver of the right to disclose that
information . Retaliation against employees
30
who disclose the amount of their wages is
also prohibited .
Nonprofit corporations and other organizations specified by the Attorney General
may receive conviction records relating to
drug crimes or crimes of violence, as well
as for sex crimes as before, concerning persons who apply for employment or volunteer for positions involving supervisory
or disciplinary power over minors .
Labor relations . Under a new law applicable to the private sector, the prevailing
party in a court action to compel arbitration
of disputes concerning a collective bargaining agreement or in an appeal of an
arbitrator's decision may receive an award
of attorney's fees, to be refunded if the
dispute is later found not arbitrable .
For the purposes of collective bargaining, intermittent athletic inspectors employed by the State Athletic Commission
were added to the list of those exempted
from the definition of State employee .
Garment industry . The law requiring garment industry contractors and manufacturers to register with the California
Commissioner of Labor was amended to
provide for among other things : the testing
of both new applicants for registration and,
at the Commissioner's discretion, those in
violation of wage payment, minimum wage,
or other labor laws in the past year ; the
posting of a $5,000 surety bond by those
penalized under the law in the prior 3 years ;
and the prohibition against any person registered under the act and contracting with
another registrant, from engaging in any
business or practice which causes or is likely
to cause a violation of the law .
Private employment agencies . The name
of the employment agency regulatory office
was changed from the Bureau of Employment Agencies to the Bureau of Personnel
Services . Agencies placing babysitters or
domestics must interview such applicants
and attempt to verify their experience or
training before referring them .
Employment counseling services must
now be licensed as employment agencies
and are subject to specified requirements
such as posting a $10,000 surety bond, and
entering into written contracts containing
specific provisions, including the client's
right to cancel the contract without penalty
or obligation within 3 days .
The law providing for the licensing and
regulation of nurses' registries was repealed, and such registries will now be licensed and regulated as employment offices .
Occupational safety and health . The Division of Occupational Safety and Health
is now to investigate any employment ac-
cident involving fatalities or which results
in any serious injury or illness or a serious
exposure, unless the Division determines
an investigation is unnecessary . Previously, only fatalities and injuries to five
employees or more required an investigation .
Prior to bringing court action against an
employer who discharges or discriminates
against an employee for exercising specified rights relating to safety in employment,
the Division of Labor Standards Enforcement must provide the parties 10 days to
reach a settlement .
The notice containing information regarding safety rules and regulations and
employee rights, prepared by the Division
of Occupational Safety and Health for posting by employers, must now state that employees have the right to receive information
under the Hazardous Substances Information and Training Act .
Employment and training . Administration of the apprenticeship law was transferred from the Director of Industrial Relations to the Chief of the Division of
Apprenticeship Standards . Among other responsibilities, the chief is now to audit all
selection and disciplinary proceedings of
current or prospective apprentices .
Sponsorship of apprenticeship programs
which was previously limited to joint employer-employee committees was expanded
to include unilateral management, labor, or
individual employer committees .
The California Conservation Corps is to
develop a nonresidential program of education and job training in cooperation with
private industry councils designated under
the Federal Job Training Partnership Act
for use in areas with high youth unemployment and high concentrations of minority youth .
Other laws . Employers are prohibited from
adopting or enforcing any rule against or
retaliating against an employee for disclosing information to a government or law enforcement agency where the employee has
reasonable cause to believe that the information discloses a violation of State or Federal law or regulation .
The requirement that notices, reports,
statements, or records required under the
Labor Code be written in English was removed . Also, the State Labor Commissioner is now to provide, in languages other
than English, where necessary, written materials including explanations of services
available, complaint forms, and form letters for use in processing wage claims .
Colorado
Wages .
The minimum wage rate was in-
creased from $2 .50 to $3 an hour effective
July 1, 1984, as provided by a 1983 wage
order revision . For unemancipated minors
under age 18, the hourly rate was increased
to $2 .55 .
Among changes made in the prevailing
wage law, the prevailing rate of wages was
defined as the single rate paid to a majority
of workers in the locality or the weighted
average rate if no single rate is or was paid
to a majority of workers, rates are to be
established through a survey conducted by
the division of labor, and the dollar contract
threshold amount was increased from $5,000
to $150,000 .
Creditors may now obtain court orders
for continuing garnishment of wages for
debts . The same limitations on the amount
subject to continuing garnishment apply, as
for other garnishment, and employers may
not discharge an employee because of such
an action .
Employment and training . A customized
training program, providing short-duration
skill training for specific jobs, was established for preemployment training of workers, training of newly hired workers, and
retraining of workers for new jobs when
they are unemployed because of plant closings or displaced by technological changes .
Connecticut
Wages . Firefighters employed by private
nonprofit corporations contracting with municipalities for firefighting services were
exempted from the overtime provisions of
the minimum wage law .
The comptroller shall now upon written
request deduct from the salary or wages of
a State employee the designated amount of
money to be paid to a nonprofit organization pursuant to the terms of an applicable
collective bargaining agreement .
The amount of disposable earnings subject to garnishment for support payments is
now the greater of that which exceeds $100
per week rather than $70, as previously, or
the amount exempt under Federal law, unless a lesser amount is deemed equitable by
the court .
Hours . The Commission on the Status of
women is to collect materials on jobsharing, including its implementation . These
materials are to be sent to the labor and
education departments and the Bureau of
Personnel and Labor Relations in the Department of Administrative Services for
distribution upon request to personnel directors and bargaining unit representatives .
Child labor . An exception to the 1Op . m .
terminal hour for minors under age 18 will
now permit them to be employed in super-
markets until midnight on nights preceding
nonschool days . Minors may not be discharged or dicriminated against for refusing
to work later than 10 p .m .
Equal employment opportunity . The prohibition in the Human Rights Act against
discrimination on the basis of religious creed
was defined to include all aspects of religious observances and practice as well as
belief, unless an employer demonstrates inability to reasonably accommodate to an
individual's religious observances and
practices without undue hardship .
In determining a contractor's good faith
efforts to comply with equal opportunity
requirements included in public works contracts, factors considered will include the
contractor's employment and subcontracting policies and practices ; affirmative advertising, recruitment and training ; technical
assistance activities ; and other activities as
prescribed by the Commission on Human
Rights .
Worker privacy . The labor commissioner
shall provide to the Connecticut Student
Loan Foundation, on request, any available
information relating to the current address
or place of employment of a person in default on a student loan .
Private employment agencies . The requirement that private employment agencies identify themselves as such in notices
or advertisements was enlarged to require
also that the identification indicate whether
or not there is a charge to the applicant for
employment .
dividual complainants as before, and wages
due a separated employee may now be paid
by the next regular payday rather than at
the time of termination, as formerly required .
Equal employment opportunity . The prohibition against discrimination in public and
private sector employment was amended to
add discrimination on the basis of marital
status to the list of unlawful employment
practices .
Worker privacy . Public and private sector
employees were given the right to review
their personnel files at least once per calendar year after a written request to the
employer . Removal or correction of disputed information may be agreed to by the
employer and employee, and if agreement
cannot be reached, the employee may place
explanatory information in the file .
Occupational safety and health . A Hazardous Chemical Information Act was
adopted to ensure that employees be given
information concerning the nature and suspected health hazards of toxic substances
to which they are exposed . Employers are
to maintain and periodically update a list
of toxic substances used in the workplace,
to obtain safety data sheets for them, and
provide employees with education and
training programs . Provision was made for
exempting from most provisions those
manufacturing employers required to adhere to the Hazard Communication Standard when it takes effect in November 1985,
and employees are protected from discharge or other discipline for exercising rights
under the act .
Occupational safety and health . Elevators
and escalators otherwise requiring annual
inspection need now be inspected only every 2 years if subject to a full-maintenance
contract . Owners or their agents are now
required to promptly report to the Department of Public Safety for possible investigation any accident or incident which results
in personal injury, death, or constitutes a
danger to life or property .
Employment and training . A new program of skill training and education was
established and is to be administered by an
Economic Development Training Board and
the Director of the Delaware Development
Office .
Other laws . A State Supreme Court decision held unconstitutional a State statute
prohibiting employers from requiring employees to work on their Sabbath on the
basis that it violated the establishment of
religion clause of the First Amendment of
the U .S . Constitution . The case was appealed to the U .S . Supreme Court and argued on November 6, 1984 .
District of Columbia
Delaware
Wages . Among amendments to the wagepayment law, the Department of Labor may
now take legal- action to collect for all underpaid employees rather than just for in-
Other laws . New applicants for loans
whose projects are approved for financing
by the Delaware Economic Development
Authority shall agree to give a hiring preference to qualified State residents .
Wages . As the result of a 1983 wage order revision, the minimum wage rate for
laundry, drycleaning, and shoe repair employees rose from $3 to $3 .70 an hour effective January 7, 1984 . The minimum for
learners with less than 60 days experience
was set at $3 .50 an hour .
Another revised wage order increased the
minimum wage for private household
workers from $3 .50 to $3 .90 an hour ef31
MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984
fective November 6, 1984 . A minimum of
$3 .50 an hour was set for casual yard workers, companions for the aged or infirm, and
full-time babysitters, and $3 .35 for persons
employed pursuant to the Federal Job
Training Partnership Act and the D .C . Youth
Employment Act of 1979 .
Private employmentagencies . Anew employment agency regulatory law was enacted replacing the existing law in its entirety .
The new law requires licensing of employment agencies, counseling services, employer-paid personnel services, job listing
firms, and all employees of such firms who
interview, counsel, or advise jobseekers .
Applicant-paid fee agencies and employment counseling services must post a
$100,000 surety bond if the average fee
paid by jobseekers is $2,000 or more and
if they enter into contracts with 100 applicants or more, and a $50,000 bond if fees
average less than $2,000 or fewer than 100
contracts are entered into . Separate requirements and prohibitions were established for
each of the types of licensed services, including the requirement that agency and
counseling service contracts with jobseekers contain a 3-day "cooling-off period"
during which the contract may be canceled .
Employment and training . A First Source
Employment Agreement Act requires the
Mayor to compile and maintain a list of
unemployed residents which will be used
as the first source for filling entry-level jobs
on projects that have contracts funded or
otherwise administered by the District government . Preference in interviewing is to
be given to unemployed residents not collecting unemployment insurance benefits .
Florida
Wages . The coverage exemption in the
equal pay law for employers who are subject to the Federal Fair Labor Standards Act
was expanded to similarly exempt a labor
organization or member or an employee of
an employer subject to the Federal law .
Court orders for the payment of alimony
or child support will now also contain income deduction orders to take effect if payments become past due . The maximum part
of aggregate disposable earnings subject to
such a deduction is 65 percent in any workweek, and employers may not discharge or
otherwise discipline an employee for whom
an income deduction order is served .
Equal emplovment opportunity . The laws
prohibiting discrimination in State . county,
or municipal employment, were amended
to specifically bar employment discrimination based on handicap .
Occupational safety and health .
32
A new
law was adopted to ensure that nonfarm
employees be given information concerning the nature and health effects of toxic
substances with which they work . The Secretary of the Department of Labor and Employment Security is to establish and
periodically revise a list of toxic substances
with assistance from a Toxic Substances
Advisory Council . Employers are to obtain
material safety data sheets for toxic substances used in the workplace, and provide
education and training to employees on the
safe handling, emergency treatment . and
hazards involved with toxic substances .
Employees may refuse to work with substances for which information has not been
provided and may not be discharged or otherwise disciplined for requesting information, taking part in any proceeding, or
exercising any right under the act . Provision was made for the release of trade secret
information in medical emergencies .
Economic development . Revisions in the
enterprise zone law included the addition
of new or increased tax benefits for businesses hiring eligible new employees .
Employment and training . The Division
of Labor, Employment, and Training is to
train vocational counselors of the Department of Corrections in job counseling and
is to designate one employee per employment office to work with ex-inmate job
placement .
Georgia
Wages . The minimum wage rate was increased from $1 .25 to $3 .25 an hour effective July 1, 1984 .
Hours . By resolution, the legislature created a Joint Part-Time State Employment
Study Committee to determine the best
method of meeting the State's need for such
employees and for providing them with equitable retirement benefits in relation to those
of full-time employees . Findings and recommendations, including legislative proposals, arc to be submitted by December
1, 1985 .
Equal emplovment opportunity . Mandatory retirement under the State employee's
retirement system was abolished, except for
specified public safety employment .
Worker privacy . A resolution was adopted
calling for the creation of a Senate Study
Committee on Polygraph Operations, to
identify problems involving employer use
of polygraph tests, and to recommend solutions .
Directors and employees of any State licensed day-care center, group day-care
home, or child-caring institution will now
be subject to a records check, through the
Georgia Crime Information Center, of all
convictions and pending charges involving
cruelty to a minor, contributing to the delinquency of a minor, controlled substances, or any sex crimes . Each facility's
licensing will be conditional upon a satisfactory records check .
Private emplovment agencies . The Employment Agency Advisory Council,
scheduled to terminate on July 1, 1984 . was
extended to July 1, 1985 .
Occupational sq/eri- and health . The Department of Labor was given specific authority to regulate the safety and operation
of elevators and similar equipment in a new
measure providing for periodic inspection
and other enforcement activities, civil penalties for violators, and the formation of an
advisory committee .
A comprehensive Boiler and Pressure
Vessel Safety Act was enacted replacing
provisions that specified lawful equipment,
and provided design and labeling requirements . The new law creates a regulatory
board within the Department of Labor which
provides for the formulation of safety regulations, requires periodic inspections, and
defines the duties and qualifications of the
chief inspector and deputies .
Hawaii
Wages . Automatic assignment of future
wages may be ordered by a court as part
of a child-support order . to take effect if
support payments become delinquent .
A new law authorized a study commission to review the concept of comparable
worth for all public employees in the State .
The commission is to present its final report, including recommendations, if necessary, for implementation, 20 days before
the 1986 legislative session commences .
Hours . A new act establishes a permanent
voluntary jobsharing program in the Department of Education, replacing a pilot
project begun in 1978 .
A pilot project in the public library system to test the feasibility of jobsharing, began in 1982 and scheduled to end in 1984,
was extended for 2 years and expanded to
include library assistants and technicians .
Equal employment opportunity . Mandatory retirement on the basis of age was
banned in both the public and private sector .
A resolution encouraged employers to
develop policies for the hiring, retention,
and promotion of older workers .
Labor relations . Police officer bargaining
units are now covered by contract impasse
procedures previously established for firefighters only . In addition, the arbitration
panel provided for by the act is no longer
required to choose the most reasonable final
contract offer without modification, but is
now only required to issue a final and binding decision .
Employment and training . Under a new
Statewide Transition to Work System Act,
existing program models and career resource centers will now be unified into one
statewide transition center system, within
the Department of Labor and Industrial Relations, designed to assist high school students in securing and retaining meaningful
employment, by providing such services as
counseling, career information, career exploration activities, work experience, and
employment assistance .
The Department of Labor and Industrial
Relations was authorized to make agreements or contracts, subject to the Governor's approval, with various persons and
governmental entities within and outside of
the State to share occupational and educational information used for career choice
and job-search purposes .
Other laws . The amount of contractor's
payment and performance bonds required
was increased from 50 to 100 percent of
the contract price for public works, roads,
buildings, or other site improvements .
As a result of the Attorney's General refusal, because of a constitutionality question, to enforce a 1983 law requiring all
contractors performing construction for the
Federal government to obtain a State license, the legislature requested the Attorney General and the Contractors License
Board to explore the possibility of seeking
a declaratory judgment in Federal court on
the issue .
Idaho
Wages . A bill which would have excluded school construction from coverage
of the prevailing wage law passed the legislature but was vetoed by the Governor .
This was the fourth consecutive year the
Governor has vetoed legislation to repeal
all or part of the prevailing wage law .
Equal employment opportunity . A resolution directs the Legislative Council to appoint a committee to study Hispanic affairs
issues in such areas as education, employment, and cultural opportunities . Findings,
recommendations, and possible legislation
are to be submitted to the next legislature .
Other laws . Members of the National
Guard who are ordered to duty by the Govemor for periods of up to I year, are, upon
application, entitled to reemployment in the
position held at the time of the order they
remain physically qualified and were released under honorable conditions .
cording of nonemployment activities of employees . A separate law, enacted later in
the session, limited coverage to those employers with five employees or more exclusive of immediate family members .
Illinois
Occupational safety and health . The Department of Public Health was directed to
compile a registry on hazardous substances
and their potential health effects including
information on occupational diseases, hazardous substances incidents, and profiles of
companies generating, using, disposing of,
or transporting hazardous substances .
The State Coal Mining Law was amended
to now require the State Mine Inspector to
advise a representative of the miners of any
inspection, with the representative being
entitled to accompany the inspector during
the inspection without loss of pay . The inspector is also required to hold a post-inspection conference with the employer and
miners' representative to discuss the findings and recommendations and to post these
results in a conspicuous place .
Wager . By prior law, the minimum wage
rate rose from $2 .65 to $3 an hour on October 1, 1984, with a further increase to
$3 .35 scheduled for July 1, 1985 . The rate
for minors under age 18 increased to $2 .55
on October 1, 1984 and will rise to $2 .85
on July 1, 1985 . The tip credit allowance
declined to 40 percent of the minimum wage,
and employees of restaurants and motion
picture theaters will now be entitled to overtime pay after 40 hours rather than 43 .
The State Supreme Court upheld the constitutionality of the prevailing wage law
which requires the exclusive use of public
works wages as a basis for determining prevailing rates in a locality . The unsuccessful
challenge contended, among other things,
that the exclusion of wages paid on private
construction projects from calculation of the
prevailing wage rate violates the due process and equal protection clauses of the State
and Federal constitutions .
An amendment to the prevailing wage
law authorizes the Department of Labor,
represented by the Attorney General, to sue
to stop the awarding of any public works
contract or the continuation of work under
any such contract when the prevailing wage
prerequisites have not been met .
In ordering the payment of child support,
the courts will now issue a separate order
for the withholding of wages to take effect
if the support payments become delinquent .
Employers may not discharge, discipline,
or otherwise penalize an employee whose
wages are ordered withheld .
Equal employment opportunity . The prohibition against employment discrimination
because of religion was amended to specifically include all aspects of religious observance and practice, unless an employer
demonstrates that the employee's or prospective employee's religious observance
or practice cannot be reasonably accommodated without undue hardship on the employer's business .
Worker privacy . A new law gives public
and private sector employees or their representatives the right to review and receive
copies of their personnel records, to request
the correction or removal of disputed information contained in them, and to submit
a written statement if agreement on correction or removal is not reached . Other provisions include protection of employee
disciplinary records from release to third
parties, and restriction on employers' re-
Employment and training . A Job Training Coordinating Council Act was passed
to implement the Federal Job Training Partnership Act . A job training coordinating
council was created to promote integration
of employment and training programs at the
State level, to further cooperation between
government and the private sector, and to
provide program oversight .
Other laws . A Federal Appeals court decision found unconstitutional the Illinois law
requiring employment preference for State
residents on public works projects, in that
it violated both the commerce clause and
the privileges and immunities clause of the
U .S . Constitution .
Indiana
Wages . The labor commissioner may now
refer civil actions for employee wage claims
to the attorney general, and the attorney
general or a designee, which can be any
attorney admitted to the practice of law in
the State, may now sue for the recovery of
wages plus liquidated damages, court costs,
and attorney fees . Previously, the labor
commissioner referred all such civil and
criminal cases to the State's prosecuting
attorneys for litigation .
Worker privacy . The law governing State
employees furnishing of information concerning violations of law or regulations was
amended to provide for criminal penalties
and administrative disciplinary proceedings
for disclosure of or failure to protect information defined as confidential .
Employment and training .
The Depart-
33
MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984
ment of Commerce is to establish a basic
industry retraining program to provide industries with assistance in the retraining and
upgrading of employee's skills required to
support new capital investment . A similar
program for potential employees of new or
expanding industries had been authorized
by a 1981 law .
Iowa
Wages . Complaints of retaliation against
employees for filing a complaint, assigning
a claim, or bringing an action under the
wage payment and collection law are to be
investigated by the labor commissioner and
violations prosecuted in the district court
which may order appropriate relief, including reinstatement and backpay .
Courts may order an assignment of wages
in cases of delinquent court-ordered support
payments . The maximum annual amount of
wages that may be garnished was changed
from $250 for each judgment creditor, to a
sliding scale based upon earnings .
A pay grade system based on comparable
worth was established for State employees,
and funds appropriated for salary adjustments and implementation . Adjustments are
to be completed by June 30, 1987 .
Child labor . The child labor law will not
prohibit children under age 16 from working as models, with written parental permission, with or without compensation
outside of school hours for up to 3 hours a
day and 12 hours a month between 7 a .m .
and 10 p .m .
Agriculture . Farm labor contractors engaged in such activities as removing corn
tassels or hand pollinating plants, must file
at least a $20,000 bond with the labor commissioner securing the payment of all wages
due the contractor's employees . If the bond
is not filed as required or the contractor fails
to pay all wages due, the person engaged
in the production of seed or feed grains will
be liable for wages not paid by the farm
labor contractor .
Equal employment opportunity . The
General Assembly is now prohibited from
passing any bill that uses gender as the basis
for differential treatment unless no reasonable alternatives exist .
Retirement plans and benefit systems are
no longer exempt from the prohibition against
sex discrimination under the Civil Rights
Act.
Private employment agencies . The surety
bond employment agencies must post was
increased from $2,000 to $20,000 and is
now required only of those agencies to which
job applicants pay at least part of the fee .
34
Occupational safety and health . A Hazardous Chemicals Risk Right to Know Act
was enacted, under which the Federal Occupational Safety and Health regulations of
1983 were adopted as the basis for regulation, but with a provision that additional
requirements may be added by regulation .
The law, administered by the Bureau of
Labor, requires employers to inform employees of hazardous chemicals in the
workplace and their proper handling, and
to provide special training . Retaliation
against employees for filing a complaint or
bringing action against an employer is prohibited, and a public right to know of the
presence of hazardous chemicals was established along with an employer requirement to notify the local fire department of
those materials . Persons employed in agricultural activities are not covered by the
law, except for the section prohibiting retaliation against employees .
Other laws . Resident bidders on State or
local public works projects will now be entitled to a preference over out-of-State or
foreign bidders, equal to the resident preference given to such bidders by their own
State or country .
Employees on temporary layoff or approved voluntary leave from employers who
provide health care benefit plans may voluntarily continue coverage at their own expense for up to 6 months . Employers must
notify employees of this right and of any
termination or substantial modification of
coverage . This new law also spells out specific circumstances under which the employer remains liable for benefits .
Kansas
Wages . An Executive Order directed the
Secretary of Human Resources to provide
the Governor with information as to the
ability of the State to devise appropriate
means and methodologies to determine the
wages required to be paid on public works
projects by the prevailing wage law, including costs, specific methodology, and
viable alternative methods .
Industrial homework . By resolution, the
President, the Congress, and the U .S . Secretary of Labor were urged to take action
to rescind the orders and regulations prohibiting industrial homework .
Equal employment opportunity . The Secretary of Administration was directed by
Executive Order to evaluate the basis upon
which State employees are compensated and
recommend ways to provide equal compensation for positions of comparable worth .
Private employment agencies .
Among
changes in the private employment agency
law, temporary help services and employer
paid fee agencies were specifically exempted from coverage, and the Secretary
of Human Resources was authorized to adopt
rules and regulations .
Other laws . Supervisors may not prohibit
State employees in the classified service
from discussing their agencies' operations
with members of the legislature or reporting
any violation of State or Federal law or
regulation . Disciplinary action against an
employee for such actions is prohibited except for instances involving release of false
information, information exempt from disclosure under the open records act, or confidential information under any other
provision of law .
Kentucky
Wages . The wage-payment law was
amended to prohibit wage deductions for
cash shortages where more than one person
has access to the money, for breakages,
customer credit defaults or bad checks, and
fines . An employer violating this amendment will be required to repay withheld
amounts plus interest at 10 percent a year .
An administrative order for the withholding of up to 50 percent of an employee's disposable earnings for payment of
delinquent child support may be issued by
the Secretary, Cabinet for Human Resources .
Child labor . Among amendments to the
child labor law, employment certificate requirements for minors under age 18 were
eliminated . Age certificates issued by boards
of education were authorized for these minors and employers must obtain proof from
employees indicating that they are at least
age 18 . New exemptions from coverage were
enacted for minors employed as actors or
performers and for those employed by their
own parents in occupations other than manufacturing, mining, or those found by the
Commissioner of Labor to be particularly
hazardous .
School attendance . An unmarried minor,
aged 16 or 17 may now be excused from
compulsory school attendance with parental consent, after a consultation between
school officials, parent, and child . An Attorney General opinion had previously stated
that married minors were not covered under
the law .
Occupational safety and health . Underground coal mines employing 2 to 25 employees must now employ at least one person
who has completed 8 hours of first-aid
training . The requirement that mines em-
ploying 25 workers or more hire certified
emergency medical technicians was amended
to allow mines without such technicians 90
days to employ them, and to operate during
this period .
Other mine safety provisions stated that
certified emergency medical technicians
employed at coal mines are to receive 8
hours of annual retraining during which time
they are entitled to receive their regular
wages . Each mine operator is required to
provide lifeline cords in return airways designated as emergency escape routes .
Employment and training . A Job Training Coordinating Council was created within
the Cabinet for Human Resources, and authorized to do everything necessary to comply with the Federal Job Training Partnership
Act . An employment and training council
established to comply with the Federal
comprehensive employment and training act
was eliminated .
A Bluegrass State Skills Corp . was created to provide State citizens with skills
training and education programs designed
to meet the need for qualified workers in
fields in which shortages exist .
Other laws . By Executive Order and statute, the Department of Labor was elevated
to cabinet-level status . The labor cabinet
consists of the offices of the secretary, general counsel, administative services and labor-management relations, and the departments of workplace standards and
workers' claims .
Members of union group life insurance
plans may continue participating during periods of temporary, involuntary unemployment by contributing their premiums . Also,
policies may now be issued in which the
member is solely responsible for the entire
premium payment .
Louisiana
Wages . Wage assignments may now be
ordered by a court for all past due support
payments rather than only for child-support
payments, and the amount of wages exempt
from such withholding was made the same
for child or spouse support .
Equal employment opportunity .
Responsibility for performing certain social services for State residents age 60 and over,
including employment and training, counseling, and information and referral services, were transferred from the Office of
Human Development in the Department of
Health and Human Resources to the Office
of Elderly Affairs in the Governor's Office .
Governmental bodies are required to give
a preference in their purchasing practices
to goods manufactured and services per-
formed by severely handicapped individuals in State operated and State supported
sheltered workshops .
Other laws . State agencies and political
subdivisions which let public works contracts may require that no less than 80 percent of those employed on the work be State
residents . Upon request, the Labor Department is to assist in identifying craftsmen, laborers, and other workers necessary
for compliance .
The law governing preference to resident
contractors in awarding contracts for public
work, was amended to specify that where
competitive bidding is not required contracts must be awarded to resident contractors, if they are available . If competitive
bidding is required, Louisiana resident contractors will be awarded the contract if their
bid is not more than 5 percent higher than
the lowest nonresident bid . A prior provision, granting resident contractors the same
preference over contractors from other States,
which provide their residents a percentage
preference over Louisiana contractors, remains in effect .
Maine
Wages . The minimum wage rate was increased from $3 .35 to $3 .45 an hour, effective January 1, 1985 . Further increases
to $3 .55 on January 1, 1986, and to $3 .65
on January 1, 1987, are scheduled . Also,
a corresponding change was made in the
section of the law providing for State
matching of any Federal increases up to a
maximum of $4 an hour .
Among changes in the wage-payment law,
the labor department was specifically authorized to collect judgments for unpaid
wages on behalf of terminated employees
and also to collect fines assessed for violations of the act . Penalties for violating the
equal pay and unfair agreements provisions
were increased . A separate amendment
stipulates that any balance due an hourly
employee that was not paid on the normally
scheduled payday must be paid by the employee's next regular payday .
Equal employment opportunity . A select
committee was created to study available
training and education programs for handicapped young adults, and to develop a 5year plan which identifies elements of a
coordinated system of support services for
transition from school to community living,
necessary legislative and regulatory changes
to promote optimal independence for those
individuals, and recommendations for necessary financing of new and expanded programs .
Labor relations .
A Judicial Employees
Labor Relations Act was enacted granting
collective bargaining rights to most employees of the Judicial Department . The
act, to be administered by the Maine Labor
Relations Board, establishes permissible
subjects for bargaining, unfair labor practices, and dispute resolution procedures .
Strikes are prohibited .
Occupational safety and health . Among
changes in the Chemical Substance Identification Law, the definitions of materials
which constitute health or physical hazards
were expanded, employers and others must
disclose trade-secret information on the
specific identity of hazardous chemicals to
health professionals when such information
is needed, and the law now provides for
legislative review of standards and regulations adopted under the act .
Other laws . Employers are now prohibited from charging a prospective employee
a fee for filing an application for employment .
Under sunset legislation, the legislature
must review the evaluations and analyses
of the justification report for the Department of Labor's programs by June 30, 1988,
and the Human Rights Commission, Labor
Relations Board, Personnel Board, and the
Governor's Office of State Employee Relations are scheduled for termination at that
time unless continued or modified by law .
Among changes in the State military service law, reemployment rights were given
to employees called to active State service,
with restoration of seniority, status, pay,
and vacation rights as if there had been no
interruption . Application for reemployment
must be within 30 days of release or discharge from active State service .
Maryland
Hours . The law permitting law enforcement employees of the Maryland State Police to work a l0-hour workday and 4-day
workweek, if authorized, in lieu of an 8hour workday and 5-day workweek, was
amended to also permit 12-hour work periods and to expand coverage to include
civilian employees on a 40-hour workweek
Agriculture . The application fee for a farm
labor contractor certificate of registration
was reduced from $150 annually to $25 .
Equal employment opportunity . A joint
resolution urged the Congress to again pass
and submit to the States for ratification, the
Equal Rights Amendment to the U .S . Constitution .
Labor relations . Maryland's Mass Transit Administration is now authorized to in-
35
MONTHLY LABOR REVIEW January 1985 e State Labor Legislation in 1984
elude limited automatic cost-of-living wage
adjustments in its collective bargaining
agreements .
Occupational salty and health . The
Commissioner of Labor and Industry may
now bring suit in the District Court to enforce payment of overdue civil penalties
imposed by the State Occupational Safety
and Health Administration .
The occupational safety and health law
now provides for the maintenance and dissemination by employers of information on
the toxic and and hazardous substances to
which workers are exposed, requires the
education and training of employees regarding those hazards and their safe handling, requires employers to provide
information to government fire protection
agencies, and establishes procedures for the
release of trade secret information . An employee requesting information about a hazardous chemical may refuse to work with
that chemical until the information is provided .
An explosives advisory council was created to advise, assist, and recommend&r_
to
the Department of Public Safety and
rectional Services, rules and regulations for
the storage, use, manufacture, and transportation of designated explosives in the
State .
A new law forbids the purchase and sale
of asbestos protective clothing and also restricts its use . In addition, effective July 1,
1985, an employer may not possess or keep
such clothing or require or request employees to use it .
Plant closings . State employees adversely
affected by the closing of a facility employing 50 workers or more must be given
at least 6 months advance notice of such
closing, and are entitled to job counseling
and training referral and assistance in securing other State employment .
Employment and training . The Department of Education and Training was directed to establish a financial assistance
program for certain individuals receiving
classroom training with funds provided under the Federal Joint Training Partnership
Act . This program will consist of a living
expense allowance for certain unemployed
individuals who are economically disadvantaged, dislocated workers, or otherwise
qualified .
The law establishing the Maryland Conservation Corps, which is to provide employment in the development and
maintenance of natural resources, was
amended to specifically provide for the recruitment of persons age 16 to 24 and to
enumerate the types of projects on which
36
the Corps is to work and the objectives of
the work experience .
Other laws . The Division of Labor and
Industry, Apprenticeship and Training
Council, Occupational Safety and Health
Advisory Board, and the Amusement Ride
Safety Advisory Board, all scheduled for
termination on July I , 1993, were extended
to July I, 1994 .
Payment bonds will now be required before awarding any public construction contract over $50,000, rather than $25,000 as
before . Jurisdictions other than the State or
its agencies may require bonds of up to onehalf the contract amount for any construction contract between $25,000 and $50,000 .
Massachusetts
Wages . A special legislative committee is
to investigate and study comparable worth
in the State service, identifying the extent
of sex segregation and those classified positions not compensated on a comparable
worth basis . Findings were to be reported
to the House of Representatives by December 26, 1984, including drafts of any recommended legislation .
Equal employment opportunity . The protection from employment discrimination on
the basis of age, previously applicable to
persons age 45 to 65, was extended to all
persons over the age of 40 with certain limited exceptions .
Discrimination in employment against the
handicapped is now prohibited under the
Fair Employment Practice law, administered by the Commission Against Discrimination . The law provides for administrative
remedies, including investigation of complaints, hearings, issuance of cease and desist
orders, and judicial review . Employers must
make reasonable accommodation for the individual's handicap .
Labor relations . The labor relations law
covering private sector employers, health
care facilities, and nonprofit institutions was
amended to include coverage of vendors
who contract with or receive funds from
the Commonwealth or its political subdivisions to provide social, protective, legal,
medical, custodial, rehabilitative, respite,
nutritional, employment, educational,
training, and similar services .
A legislative resolution called for the creation of a special commission to study collective bargaining and dispute resolution for
municipal police officers and firefighters in
light of local taxing limitations and other
matters . Findings and recommendations,
including any legislative proposals, were to
be submitted to the legislature by December
1, 1984 .
Private employment agencies . Businesses
which are engaged solely in providing employers, by electronic means, biographical
information, background, and experience
of applicants for temporary employment,
help, or engagement were specifically exempted from the employment agency law .
Occupational safety and health . A rightto-know law, enacted in late 1983, covers
public and private sector employers and
residents of communities with covered employers . It requires that employees be informed of and given training on toxic
substances found in the workplace, and establishes procedures for community residents to petition for investigation if it is
believed that the use of a toxic or hazardous
substance in the employer's workplace is a
danger to the public health . Hazardous substances are to be identified and records
maintained on the employers' premises .
Employees who request information cannot
be required to work with a substance until
the information has been provided and are
not to be disciplined for such action . Various portions of the law are to be administered by the public health, labor and
industry, and environmental quality engineering departments .
Plant closings . An industrial service program was established to assist private businesses, upon request, in alleviating
conditions which threaten to cause a large
loss of employment, plant closure, or business failure, and where such loss of employment, closure, or failure is unavoidable,
to assist in efforts to secure alternative employment and retraining opportunities for
displaced workers . Help will also be available to affected communities in finding new
uses for idled plants or facilities and in fostering long-term economic vitality, industrial growth and job creation .
Employment and training . The Bay State
Skills Corp . in the Manpower Affairs Executive Office now has jurisdiction over the
State's displaced homemaker program . New
provisions include the establishment of a
statewide advisory counsel, and a requirement that at least five of the previously
mandated multipurpose service centers are
to be established statewide .
Other laws . The authority of the labor
commissioner to suspend various labor laws,
when an emergency exists or there are conditions of hardship in an industry, was extended to July 1, 1985 .
Michigan
Labor relations . A January 1984 State
circuit court decision held that the State's
strikebreaker law, prohibiting employers
from hiring professional strikebreakers, was
unconstitutional because of preemption by
the National Labor Relations Act . The court
stated that the hiring of persons to replace
striking or locked out workers is a recognized employer right under the Federal act
and a State limitation on that right unacceptably impairs the employer/employee
balance struck by Congress .
Employment and training . Duties and
functions of the Michigan Youth Corp were
transferred from the Department of Management and Budget to the Department of
Labor, and the requirement that eligible
general assistance recipients participate in
programs was eliminated . A private sector
advisory task force was established to examine the feasibility of employing youth in
the private sector during their participation
in the program, and to make suggestions in
such areas as career counseling, job-search
assistance, and job placement .
Minnesota
Wages . An amendment to the minimum
wage law provides for a phased elimination
of the 20-percent maximum tip credit allowance by a 5-percent annual reduction
beginning in 1985 with total elimination
achieved by 1988 .
Individuals employed to provide overnight domestic companionship services to
the aged and infirm will now be exempt
from minimum wage and overtime pay requirements for up to 8 hours of sleeptime
between 10 p .m . and 9 a .m ., providing
they receive the minimum wage or more
for at least 4 hours of such time .
The time period for bringing action for
the recovery of wages or overtime or related
penalties was increased from 2 to 3 years
in those instances where the employer fails
to submit payroll records by the date requested by the Department of Labor and
Industry or the nonpayment is willful .
Individuals employed as commissioned
salespersons, are now specifically covered
by a section requiring prompt payment of
wages . Terminated employees or those who
resign giving 5 days notice will be paid all
commissions within 3 working days of
leaving, employees not giving required notice will be paid within 6 working days,
and employees entrusted with money or
property are to be paid within 10 working
days .
The law allowing employers to make employee authorized payroll deductions was
amended to now permit deductions for Federal or State registered political action committees .
A new law requires every political subdivision to establish equitable compensa-
tion relationships among its employees by
August 1, 1987 . The political subdivisions,
by use of a job evaluation system to determine comparable work value, are to establish equitable compensation relationships
between female-dominated classes of employees, male-dominated classes, and classes
not dominated by either sex . (A similar
measure implementing a pay equity system
for State employees was enacted in 1982 .)
Also, the legislature requested the regents
of the University of Minnesota to conduct
a job evaluation study of its nonacademic
employees, including hospital employees,
based on comparable worth principles . A
report, to be submitted to the legislative
commission on employee relations by April
1, 1985, is to identify inequitably compensated female-dominated classes, estimate
the cost of salary adjustments, and list steps
taken to achieve pay equity .
Child labor . The penalty section of the
child labor law was amended to specify that
employers who refuse to make certificates
or lists available as required will be assessed a $500 fine, and that other fines for
employment, hours, and hazardous occupations violations are imposed for each employee .
Equal employment opportunity . Age restrictions in apprenticeship programs, in
trades involving heavy physical labor, or
work on high structures, will no longer be
exempt from the unfair discriminatory practices section of the State Human Rights Act .
The Commissioner of Economic Security is to recommend to the legislature by
March 1, 1985, new formulas for allocating
grants to sheltered workshops, with such
formulas to take into consideration the effectiveness of the workshop . Factors to be
considered in evaluating workshops include
wages and benefits paid to employees and
hours worked, rate of placement in competitive employment, opportunities for employees to participate in decisions affecting
their employment, workshop responsiveness to employee grievances, and workshop
efficiency .
Private employment agencies . Anew law
requires the licensing and regulation of entertainment agencies by the Department of
Labor and Industry, and sets conditions for
licensure and operation such as submission
of fee schedules, acceptable contract forms,
payment of a $10,000 bond and provision
for resolution of disputes with the artist .
Occupational safety and health . The authority to appoint the occupational safety
and health advisory council and designate
its chairman was transferred from the Gov-
error to the Commissioner of Labor and
Industry .
Other laws . The law requiring public
agencies to give preference to products
manufactured in the State when purchasing
goods was repealed . Also, the definition of
public contract for purposes of granting resident bidder preference was clarified, and
a provision was added penalizing State
agencies failing to accord such preference .
The law prohibiting cities or counties in
the seven county Twin Cities area from establishing residency requirements as a condition of employment was amended to
expand the prohibition to all cities and
counties in the State . Those jurisdictions
outside of the Twin Cities area may impose
a reasonable area or response time residency requirement if there is a demonstrated, job related necessity .
The law permitting public employees who
qualify as members of a U .S . team for athletic competition on the world, Pan American, or Olympic level up to 90 days paid
leave of absence a year was amended to
limit such leave to Olympic competition or
training in an Olympic year .
Mississippi
Equal employment opportunity .
In the
Administrative Reorganization Act of 1984,
the legislature expressed its intent that no
person seeking employment in State service
or employed in State service be discriminated against on the basis of race, color,
religion, sex, national origin, age, or handicap .
Missouri
Equal employment opportunity . Examinations for employment under the State merit
system must be conducted in locations which
are fully accessible to the handicapped . and
hearing impaired candidates may request
the furnishing of a certified interpreter .
Eligibility requirements for the use of
services or facilities of county- or city-operated sheltered workshops or residence facilities for the handicapped, were more fully
defined and clarified .
Occupational safety and health . A new
Boiler and Pressure Vessel Act, to be administered by the Department of Public
Safety, provides for the creation of an appointed regulatory board, the setting of
standards for permissible equipment covered by the law, periodic inspection of boilers and pressure vessels, and the testing and
licensing of inspectors . The law will not
apply in cities or chartered counties which
regulate such equipment by ordinance .
Other laws .
Missouri voters approved
37
MONTHLY LABOR REVIEW January 1985 * State Labor Legislation in 1984
changing the name of the Department of
Consumer Affairs to the Department of
Economic Development .
Montana
Equal employment opportunity . In a special legislative session, preference in hiring
for State and local government jobs was
limited to an advantage over applicants with
substantially equal qualifications for combat-era veterans, disabled veterans, handicapped persons, and certain eligible spouses .
The new law replaces one which had been
interpreted by the State Supreme Court as
giving absolute preference for government
jobs to veterans and handicapped persons .
Nebraska
Wages . Sheltered workshops are required
to comply with the Federal Fair Labor Standards Act, and must pay clients wages consistent with their health, efficiency, and
general well-being as provided by the State
minimum wage law, and must meet other
specified requirements in order to be eligible for direct negotiation with public
agencies in lieu of the normal bidding requirements for providing goods and services .
Employment and training . A new Job
Training Act requires the Commissioner of
Labor to take steps necessary to enable the
State to participate in programs under the
Federal Job Training Partnership Act (JTPA),
and to coordinate State job training activities . The Nebraska Job Training Council
was established as the coordinating council
under the JTPA .
New Jersey
Child labor . The nightwork hours provision for minors between age 16 and 18
permitting work in restaurants after midnight before nonschooldays was amended
to permit restaurant and seasonal amusement employment that is a continuation of
work begun on a day not preceding a
schoolday, with parental permission, except that employment after 3 a .m . or before
6 a .m . on a day before a schoolday is prohibited .
Worker privacy . The law restricting employers' use of lie detectors was amended
to cover prospective employees . Permitted
testing was further limited to employees
directly involved in the manufacture, distribution, dispensing of, or having access
to legally distributed controlled dangerous
substances . Other provisions included permissible areas of questioning, the subjects'
right to representation by an attorney, and
38
the right to receive a copy of the report of
the test results . No information obtained by
testing may be released to any other employer or person, and subjects must be informed of their right to submit the results
of an independently administered test before the employer makes a personnel decision .
Occupational safety and health . A comprehensive new Occupational Safety and
Health Act applicable to public employees
was enacted . Among the provisions are those
creating an advisory board, providing for
the development of safety and health standards, inspection of workplaces, giving
employees information on their exposure to
conditions in violation of prescribed safety
and health standards, and prohibitions on
employer retaliation . The law is to be administered by the Department of Labor .
Plant closings . Under a new Employee
Stock Ownership Plan Act, the Commissioner of Commerce and Economic Development is to provide information on such
plans, including procedures for establishing
them and assistance available from government sources and private sector consultants . When a plant closes or will close in
an already economically distressed municipality, the Commissioner may grant funds
to assist in preparing a cost-benefit analysis
of the potential profitability of employee
ownership . After review of the results, appropriate assistance such as loan guarantees
or low interest loans will be provided to
employee purchasers if benefits exceed costs
and funds are available .
Employment and training . Qualified
workers who are currently unemployed or
have received a layoff notice due to a factory or plant closing may enroll in job training courses without tuition payment, with
certain restrictions, in any public State or
county college .
Voters, in the November 1984 general
election, passed a legislature approved $90
million bond issue for the construction of
advanced technology centers at the State's
public and private colleges and universities
to build and improve technical and engineering facilities and provide high technology job training and retraining programs .
New Mexico
Equal employment opportunity . The State
highway department was requested to study
the hiring practices of contractors on highway construction projects as such practices
affect the hiring of blacks, to determine ways
to assure that hiring practices do not discriminate, and to report any findings or rec-
ommendations to the first session of the
1985 legislature .
Occupational safety and health . Amendments to the State's Occupational Safety
and Health Act specify the procedures to
be followed in promulgating emergency
regulations in response to those issued under the Federal Occupational Safety and
Health Act, and provide that information
obtained in on-site consultation inspections
is to remain confidential .
Other laws . The law giving resident contractors preference in the awarding of State
construction projects was amended to change
and expand the definition of resident contractor ; to specify a 5-percent preference
amount over nonresident contractors ; and
to establish procedures for certification .
New York
Wages . The minimum salary requirement
for exemption from frequency of payment
requirements in the wage-payment law for
executive, administrative, and professional
employees was raised from $300 to $400
per week .
Child labor. Employers who violate the
child labor law will now be subject to a
civil penalty, assessed by the labor commissioner, of up to $500 for each violation,
in addition to any other penalties previously
imposed . The size of the employer's business, the good faith of the employer, the
gravity of the violation, the history of previous violations, and the failure to comply
with record keeping or other requirements
will all be taken into consideration in setting the amount of the penalty .
Equal employment opportunity . Mandatory
retirement on the basis of age was prohibited for both public and private sector employers with certain exceptions, and the
prohibition against age discrimination now
applies without upper-age limit instead of
ceasing at age 65 . These provisions become
effective January 1, 1985, for public employers and January 1, 1986, for private
sector employers .
Discrimination on the basis of age was
prohibited in apprenticeship, on-the-job, and
other training programs .
The Human Rights Law now prohibits
an employer from requiring a pregnant employee to take a leave of absence unless the
pregnancy prevents the employee from performing her job in a reasonable manner .
Labor relations . Provisions of the nonprofit corporation law establishing recordkeeping requirements and the right to inspect
records were amended to specify that the
law does not require public employee or-
ganizations to disclose the home address of
any current or past member .
private employment agencies . Employer
fee paid agencies placing applicants in administrative employment positions paying
less than $20,000 per year are now exempt
from most provisions of the employment
agency law . However, such agencies must
register with the administrator and may not
engage in several specified prohibited practices .
Occupational safety and health . The
Commissioner of Labor was authorized to
issue rules to prevent personal injuries to
employees and patrons using amusement
devices and temporary structures at carnivals, fairs, and amusement parks . Within
New York City, the Department of Buildings was empowered to make and enforce
such rules .
Other laws . Amendments to the civil service and labor laws provide protections to
employees against retaliatory personnel actions by employers for disclosing information to a government body about employer
violations of laws or regulations, which violation endangers the public safety . Employees must first inform the employer,
however, and allow reasonable time for
corrective action before disclosure .
North Carolina
Wages . Wages of State employees may
be assigned to meet child support obligations without the normal restrictions on
claims against the State .
A pay equity study for the State's classified employees was authorized . A Pay Equity Advisory Committee, composed of
legislators, is to monitor progress and make
a final report by June 1, 1986 . A consultant
may be hired to study the State personnel
system and report findings to the Committee on policies which inhibit pay equity and
development of an equitable job evaluation
and pay system .
Equal employment opportunity . Mandatory
retirement under the State and local government employees' retirement systems was
eliminated . Local boards of education and
the Board of Governors of the University
of North Carolina may by resolution provide for the retirement of certain personnel
at the age of 70 unless continued in service
on a year-to-year basis in accordance with
regulations adopted by the boards .
Ohio
Child labor . The law setting permissible
ages for the sale or handling of alcoholic
beverages was amended to permit 18-year-
olds to sell beer in sealed containers, and
19-year-olds to handle open liquor containers in their employment as waiters or waitresses in hotels, restaurants, social and
fraternal clubs, or night clubs .
Agriculture . Among several amendments, made in late 1983, to the laws regulating agricultural labor, a migrant
agricultural ombudsman was to be appointed by the Bureau of Employment Services to serve as both liaison and information
source for the migrant community, changes
were made in labor camp licensing and inspection requirements, safe drinking water
health standards were incorporated into the
licensing requirements, and the Department
of Education was given new responsibilities
for educational programs for children of
migrant agricultural laborers .
Equal employment opportunity . A Department of Aging was created to replace
a Commission on Aging . Among its duties,
the Department is responsible for planning,
coordinating, and monitoring services for
older adults, including the operation of
multipurpose centers which provide such
services as programs to locate full- or parttime employment opportunities .
Occupational safety and health . Changes
were made in the criteria used by the mine
examining board to certify persons for several mining occupations, and new comprehensive safety procedures were adopted for
longwall mining . Employees are to receive
instruction in such areas as escapeway and
travel routes, ventilation, roof support,
communications, and location of first aid
equipment .
Employment and training . The Director
of Development is to administer a new
Thomas Alva Edison matching grant program to foster research in advanced technology areas likely to improve the economy
and lead to the creation of jobs .
Oklahoma
Wages . Among amendments to the prevailing wage law, a $10,000 threshold
amount for coverage was established, contractors and subcontractors are to now submit certified payrolls at the conclusion of
the project instead of only upon request,
provision was made for worker verification
of payroll records, a 2-year debarment for
violations was established, and violations
were made misdemeanors .
In an action that will be helpful in the
enforcement of the State's wage payment
and prevailing wage laws, the section of
another law governing contractor licensing
was amended to clarify the definition of
contractor .
Equal employment opportunity . State
agencies, boards, and commissions are to
annually submit affirmative action plans to
the Office of Personnel Management which
will, in turn, submit a progress report to
the Governor, Speaker of the House of Representatives, and President Pro Tempore of
the Senate . Agencies are not required to
give preferential treatment to members of
any covered group based on an imbalance
in comparison with area employment statistics, but it is not a discriminatory practice
to adopt and implement a plan to reduce or
eliminate such an imbalance .
Occupational safety and health . The State
Occupational Health and Safety law is now
applicable only to public sector employment . Statutory references to the Occupational Health and Safety Standards
Commission and Board of Health and Safety
Compliance and Appeals were deleted, and
authority to establish standards and to ajudicate violations was redelegated to the
Commissioner of Labor .
Other laws . The law requiring the granting of preference to State-resident bidders
in the award of public works contracts was
repealed .
Pennsylvania
Child labor . Sections of the child labor
law requiring employment certificates were
amended to permit, as an alternative, the
use of transferable work permits by minors
who are at least age 16 . These permits are
transferable from one employer to another
during the period for which the individual
is considered a minor .
Equal employment opportunity . Reductionin-force procedures for various firefighters,
police officers, and deputy sheriffs in the
State, which previously provided for first
mandating the retirement of those eligible
employees age 65 or over, were amended
to raise this age to 70 .
Labor relations . Amendments to the Public School Code give professional employees the right to challenge termination using
either administrative remedies or procedures established in collective bargaining
agreements, but not both .
Occupational safety and health . A comprehensive Worker and Community Right
to Know Act, to be fully effective 2 years
after the promulgation of regulations, requires public and private sector employers
to provide employees and the general public
with information on hazardous chemicals
found in the workplace, to maintain lists of
these chemicals, to properly label them,
39
MONTHLY LABOR REVIEW January 1985 a State Labor Legislation in 1984
and to provide workers with training on the
nature of the chemicals and safe handling
and emergency procedures . Procedures were
also included for the release of trade secret
information in medical emergencies, for
onsite testing, and for any person in the
State to request an environmental hazard
survey for a particular workplace . Employees who request information cannot be required to work with a substance until the
information has been provided and are not
to be disciplined for such action . Administration of the law is vested in the Department of Labor and Industry .
Economic development . The Milrite
Council, a quasi-public, independent economic development agency, was extended
through June 30, 1990, and was authorized
to create labor-management committees to
enhance economic development through labor-management cooperation .
Plant closings . A new Employee-Ownership Assistance Program under the Department of Commerce gives local
administrative agencies the authority to
provide technical and financial assistance
to eligible employee groups to promote restructuring existing businesses, including
those facing layoffs or closing, into employee-owned enterprises .
Employment and training . The Pennsylvania Conservation Corps was created in
the Department of Environmental Resources to provide a maximum of 6 months
of training and work experience on public
lands or facilities at no less than the State
minimum wage to eligible economically
disadvantaged persons age 18 to 21 .
Puerto Rico
Wages . Minimum wage rates were increased in 1984 and late 1983 for several
industries under revised mandatory decrees
issued by the Commonwealth Minimum
Wage Board . Minimum rates for the transportation industry increased from a range
of $1 .40-$3 .35 an hour to $2 .80-$3 .35 on
December 25, 1983, and rates were also
increased in late 1983 for the bread, cracker,
bakery products, and alimentary pastes industry and for the dairy industry . The minimum wage rate for the transportation vehicle
manufacturing and assembly industry increased from $3 .10 to $3 .35 an hour on
January 28, 1984, and the minimum wage
rate range for the metal, machinery, electrical products, instruments, and related
products industry increased from $2-$2 .30
an hour to $2 .75-$3 .35 an hour on May
23, 1984 .
Rhode Island
Wages .
40
Payroll deductions for any put-
pose must be transferred by the employer
to the appropriate person or organization
within 21 days following the last day of the
month in which the deduction is made unless the recipient permits otherwise in writing .
The law providing for judgments ordering child support and assignment of wages
for such support payments, was amended
to provide for reciprocity with States having
similar laws .
A special legislative commission was authorized to study pay equity in State employment and determine if there is evidence
of undercompensation of female-dominated
classes in relation to male-dominated ones
where the composite value of skill, effort,
responsibility, interpersonal skills, accountability, and working conditions are
comparable . The findings, which are nonbinding, will be reported by March 29, 1986 .
Equal employment opportunity . The age
for mandatory retirement of police and fire
personnel was increased from 65 to 70, and
the mandatory retirement of correctional
personnel at age 55 with 20 years service
was eliminated .
The legislative commission created in
1983 to study the feasibility of establishing
a revolving low-interest loan fund to purchase high technology adaptive equipment
enabling the employment of disabled persons, and to recommend legislation, was
extended for 1 year through April 1985 .
Occupational safety and health . Among
amendments to the Hazardous Substances
Right-to-Know Act employers now have 24
hours to comply with a request for chemical
information from the labor department, and
employers must provide such information
within 3 days of an employee's request .
Also, certain laboratories were excluded
from coverage while new safeguards were
enacted for laboratory employees, and provisions were added specifying information
and training that must be furnished to employees of subcontractors .
A Hazardous Substances Community
Right-to-Know chapter was enacted authorizing any State resident to request copies of employers' material safety data sheets
and lists of designated substances from the
Department of Labor, with a maximum $10
fee for each information request . Employer
noncompliance may result in fines of up to
$100 per day . Information exempted under
the trade secret exemption is not included .
Minimum standards were established for
personal protective clothing, equipment,
training, and respiratory protection for
firefighters when exposed to the hazards of
fire fighting .
A joint resolution requested that a special
legislative commission be created to study
the effects of video display terminals on
workers and to make recommendations on
its findings .
Other laws . A whistleblowers protection
act now protects State and municipal employees from discharge or other retaliation
for reporting to a public body violations of
law or rule, or for participating in an investigation, hearing, or court action .
Employers may not charge applicants a
fee for filing an employment application .
South Carolina
Child labor . In response to increase to
age 20 for the legal purchase or possession
of beer or wine, it was specified that persons age 18 and over lawfully employed to
serve or remove beer, wine, or alcoholic
beverages will not be deemed in unlawful
possession of the beverages during the course
and scope of their duties .
Equal employment opportunity . Members of the State Retirement System may
now take up to I year of maternity leave
provided they pay the full actuarial cost .
Worker privacy . The law enforcement division was authorized to provide criminal
conviction histories on request to local school
districts for prospective teachers and to the
Department of Social Services for personnel of child day-care facilities .
South Dakota
Hours . The prohibition on a day's labor
exceeding 10 hours was amended to permit
a longer workday if agreed to by both the
employee and employer .
Equal employment opportunity . Employment discrimination on the basis of a
person's blindness or partial blindness is
now prohibited under the State Human Rights
Act which is applicable to both private and
public sector employers .
Other laws . Among changes in the law
governing employee agreements not to
compete with the employer, the time period
for noncompetition was reduced from 10 to
2 years after termination of the agreement .
Tennessee
Worker privacy . A resolution called for
the creation of a special legislative study
committee to examine the use of polygraph
testing, including the use of such tests in
employment screening and employee evaluation and the rights and interests of both
employees and employers .
Labor relations . Among changes made in
the law permitting payroll deductions for
membership dues for certain State employee associations, new procedural requirements for payroll deductions were
established, and provision was made for
retired State employees to authorize deductions for membership dues from retirement allowances . The provision for forfeiture
of the deduction right for participation in a
work stoppage was amended to also provide
that a participant may additionally be subject to immediate termination of employment .
Private employment agencies . A new
personnel recruiting services law was enacted, replacing the private employment
agency act . The new law, administered by
a personnel recruiting services board composed primarily of licensed agency managers, provides for licensing of agencies,
managers, and agency placement personnel, and establishes certain requirements on
and prohibited practices for agencies .
Occupational safety and health . By resolution, the legislature authorized the creation of a special joint committee to study
right-to-know laws relative to hazardous
substances in the community and workplace . Findings and any legislative proposals are to be submitted to the General
Assembly no later than February 1, 1985 .
The composition of the Elevator Safety
Board was changed and changes were made
in the statute to conform with a 1983 executive order transferring the elevator safety
function from the Department of Labor to
the Department of Commerce and Insurance .
Economic development . An Enterprise
Zone Act was enacted for the purpose of
creating jobs and promoting physical improvements in economically depressed areas
of the State by providing assistance to businesses and industries including loans, grants,
and tax concessions . Enterprise zones will
be identified based on such factors as rate
of unemployment, poverty rate, and decrease in population .
Texas
Employment and training . By resolution,
the legislature requested the State Job
Training Coordinating Council to study the
unemployment problem in the State and
make recommendations concerning transi-
of study including wage garnishment, payment to subcontractors, inclusion of tips in
minimum wages, coverage of men by laws
affecting women and minors, and comparable worth as it pertains to State employees . Recommendations for legislative action
are to be made to the next legislature, or
earlier if warranted .
Vermont
Wages . Courts may now order an assignment of wages to enforce an order for child
or spouse support under certain conditions,
including delinquency . An employee may
not be discharged because of such an assignment .
Industrial homework . A resolution requested the U .S . Congress to direct the Department of Labor to continue to protect
workers from safety and wage abuses and,
in doing so, to ensure that as a result of its
regulation, homework not be banned altogether .
Labor relations . The Municipal Labor
Relations Act was amended to permit, in
those municipalities that have voted to adopt
binding arbitration, the municipal employer
and the bargaining agent to agree to proceed
directly from mediation to binding arbitration without submitting the dispute to factfinding .
Employment and training . A public works
jobs program, designed to provide up to 18
weeks of temporary employment to certain
unemployed residents of the State, due to
expire June 30, 1984, was continued for 1
year . Those areas in which such work will
be performed were further defined .
Virginia
Wages . As a followup to the women's
pay study in 1983 by the Virginia Commission on the Status of Women, the legislature, by resolution, requested the
Secretaries of Administration and Finance
to study the comparable worth concept and
the cost and changes it would cause in the
State government's job evaluation and classification system . Reports are due to the
Governor and General Assembly by October 30, 1984 .
Utah
Industrial homework . By resolution, the
President, the Congress, and the U .S . Secretary of Labor were urged to rescind or
amend the orders and regulations prohibiting industrial homework under the Fair
Labor Standards Act .
Other laws . A resolution directed the
Legislative Management Committee to assign to appropriate committees several items
Occupational safety and health . The Toxic
Substances Information Act was amended
by adopting new sections further defining
tional public employment and training pro-
grams . A report is due to the Governor and
legislature by December 31, 1984 .
trade secrets, providing for emergency disclosure, and adding to the penalties for unauthorized disclosure . Also, information filed
as confidential under the act was excluded
from the law requiring that official records
be open to public inspection .
A new Department of Mines, Minerals
and Energy was created and responsibility
for administering the State mine safety law
transferred from the Department of Labor
and Industry to the new department . Also,
a Mine Safety Panel was established to review applications for reduced coal mine inspections . Coal mine operators found
qualified, based on safety records and other
factors, may have the number of annual
inspections reduced by two . Currently, inspections are required at least every 90 days .
In other mine safety actions, an absolute
ban on the use of internal combustion engines underground in any coal mine was
eliminated and replaced with a provision
permitting the use of diesel powered equipment with written approval, provided certain safety standards are met, and
requirements were established for the maintenance of escape routes and provision of
fire extinguishers and respirators in longwall mining operations .
Plant closings . A resolution extended the
life of the Commission Studying the Recruitment of Industry and Industrial Plant
Closings, created in 1983 to determine the
reasons for the State's difficulty in recruiting industry and to study alternatives for
aiding the unemployed . The Commission
is to submit its recommendations to the 1985
Session of the General Assembly .
Employment and training . Legislation was
enacted to implement the Federal Job
Training Partnership Act within the State .
Responsibility was assigned to the newly
created Governor's Employment and Training Division and the advisory State Job
Training Coordinating Council .
Other laws . The contract amount for which
a payment bond is required on public construction projects was increased from
$25,000 to $100,000 . Public bodies are not
precluded from requiring such a bond for
contracts of a lesser amount .
Virgin Islands
Equal employment opportunity . The prohibition against employment discrimination
because of sex was defined to specifically
apply to discrimination on the basis of pregnancy, childbirth, or related medical conditions, and to require that women affected
by such conditions be treated the same for
all employment-related purposes as other
persons having different conditions affect41
MONTHLY LABOR REVIEW January 1985 " State Labor Legislation in 1984
ing their ability to work . Employment related purposes include receipt of benefits
under disability benefit, sick leave, and
medical benefit programs . The term employer was defined to specifically provide
that these provisions apply to both public
and private sector employers .
Washington
Wages . An employer of educational employees must now, upon the request of at
least five employees, arrange for the purchase of an approved tax deferred annuity
and make payroll deductions for the premiums .
Promoters of theatrical enterprises, prior
to the commencement of the production,
must now give the Department of Labor
and Industries a payment bond or cash sufficient to pay the wages of all employees
for the period for which a single payment
of wages is made, not exceeding I week .
Persons to whom court ordered child
support payments are more than 15 days
overdue, may seek a mandatory wage assignment without prior notice to the individual in default . Such wage assignment
may not exceed 50 percent of disposable
earnings .
Occupational safety and health . A new
Worker and Community Right to Know Act
establishes a program for the disclosure of
information about hazardous substances in
the workplace . Employees who request information cannot be required to work with
a substance until the information has been
provided and are not to be disciplined for
such action . An advisory council was created to study the impact of the law on employers, especially those in agriculture and
small business, and the costs of the law to
the labor department, local governments,
school districts, colleges, and hospitals, with
a report due to the legislature by January
1, 1985 . The council is also to advise the
Department of Labor and Industries on implementation, and the Department is to produce and distribute materials informing
citizens of their right to information under
the law .
West Virginia
Wages . By resolution, a Task Force on
Public Employee Pay Equity was created
to develop a single, sex-neutral point factor
evaluation system to be applied to all public
sector jobs in the State, to rank jobs accordingly, to identify variations in pay and
access to promotions, and to report on ways
to eliminate any discrimination found to
exist . Findings are to be reported to the
Joint Committee on Government and Finance before the start of the 1985 Regular
Session of the Legislature .
Occupational safety and health . Prior to
issuance of any surface mining permit, the
Director of the Department of Natural Resources must now receive verification, from
the Commissioner of Labor, of an applicant's compliance with the State's bonding
requirements for wages and benefits, and a
copy of the permit is to be forwarded to the
Commissioner who is to assure continued
compliance . It was specifically stipulated
that the wage bond is to be furnished before
the work is started .
Wisconsin
Wages . Real estate agents and real estate
salespersons paid solely by commission were
specifically excluded from coverage under
the minimum wage law .
The Task Force on Comparable Worth
was created by Executive Order to review
the State civil service classification and
compensation systems and develop the
methodology for their evaluation under
comparable worth principles . Final recommendations, including an estimate of the
cost of implementation, are due by December 31, 1985 .
Equal employment opportunity . The prohibition against employment discrimination
on the basis of age now applies to all persons age 40 or over instead of only those
between 40 and 70 . Also, the mandatory
retirement of executive or high level policymaking employees between age 65 and 70
is no longer lawful .
Labor relations . The State employment
labor relations act was amended to now
permit maintenance of membership as well
as the previously authorized fair-share
agreements, if approved by at least twothirds of the eligible members in a collective bargaining unit . A maintenance of
membership agreement requires those employees whose dues are being deducted at
the time an agreement takes effect to continue to have dues deducted for the duration
of the agreement .
A joint resolution requests the legislative
council to study the mediation-arbitration
law for collective bargaining dispute set-
Clement involving municipal employees other
than law enforcement and fire fighting personnel . Among the items to be reviewed
are the operation of the mediation-arbitration process and the impact of the law on
work stoppages . Results of the study and
any recommendations are to reported to the
1985 legislature .
An amendment to the State Employment
Relations law authorizes public employees
to disclose information on violations of State
or Federal law or mismanagement or abuse
of authority after the first following internal
procedures, and protects those who do so
from employer retaliation .
Occupational safety and health . Among
amendments to the Employees' Right to
Know Law, new requirements were added
mandating retention of data sheets and other
toxic substance information for 30 years
from the last use of the substance in the
workplace ; further regulating the use of
pesticides ; requiring notice to minor employees' parents of the minor's rights under
the law ; and creating a procedure for filing
employee complaints with the Department
of Industry, Labor, and Human Relations .
Employees of community-based residential facilities are now required to receive
training within 90 days of employment in
basic first aid, fire prevention and control,
evacuation techniques, and other safety
measures .
Plant closings . The law requiring employers of 100 workers of more to give 60
days' written notice to the Department of
Industry, Labor, and Human Relations before an impending shutdown of operations
was extended . Notice must now be given
also to affected employees, their collective
bargaining representative, and the political
subdivision where the business is located .
Such notices are required only when 10
employees or more are affected .
Other laws . Those administrative decisions of the Department of Industry, Labor
and Human Relations, which are subject to
review by the Labor and Industry Review
Commission, must be appealed to the Commission before being subject to judicial review .
Wyoming
Equal employment opportunity . Employment discrimination on the basis of age 40
to 70 is now prohibited under the Fair Em0
ployment Practices Act .
FOOTNOTES
The legislatures did not meet in Arkansas, New Hampshire, or North
Dakota . Special sessions were held in Nevada and Oregon, but no significant legislation was enacted in the fields covered by this article. Information on Guam had not been received in time to include in this article,
42
which is based on information received by November 9, 1984 .
z Unemployment insurance and workers' compensation are not within
the scope of this article. Separate articles on each of these subjects are
included in this issue of the Monthly Labor Review .